This property has a documented history as a public works and maintenance facility going back to 1940. Historical insurance policies issued during operations at this property and through 1986 could help fund the ongoing and future cleanup under Oregon DEQ oversight.
Portland International Airport has operated since the 1940s, and decades of runway and ramp runoff draining into Elrod Ditch have deposited legacy contaminants — DDX pesticides, PCBs, polycyclic aromatic hydrocarbons, and metals — in the ditch's sediment, as confirmed by 2019 sampling. Oregon DEQ notified the Port of Portland in May 2020 that additional investigation and potentially remedial action would be required, and a Remedial Investigation/Feasibility Study Consent Order was signed in January 2021. The RI/FS work plan was approved by DEQ in October 2021, and the investigation remains ongoing with no completion or No Further Action determination in sight. That history could support an insurance coverage claim against the carriers who issued policies more than 40 years ago — coverage that could help fund the cleanup ahead.
Why Historical Insurance Policies May Be Accessible
Pre-1986 Commercial General Liability (CGL) policies were occurrence-based and did not contain an effective pollution exclusion in Oregon — and those policies may provide coverage that remains enforceable today. If contamination occurred while those policies were active, those historical insurance carriers may still have a legal obligation to fund the cleanup costs, even if the business closed or the property changed hands.
The contaminants in Elrod Ditch — DDX pesticides banned in 1972, PCBs banned in 1979, and PAHs characteristic of long-term industrial runoff — trace to airport operations underway since the 1940s, well before 1986. The ongoing Remedial Investigation and Feasibility Study directed under Oregon DEQ's 2021 Consent Order, together with the eventual remediation and long-term compliance monitoring that lie ahead, represent substantial future costs that historical pre-1986 carriers may be obligated to fund going forward.
Restorical's role is to locate viable historical policies, determine whether a successful coverage claim is possible, and assist our clients and their legal counsel to obtain insurance coverage. Restorical then manages the claim, including accounting, to ensure the cleanup is funded in a timely manner.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management
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Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.